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Slowly, there’s been an increase in the amount of blogging by lawyers increase over the years. Meanwhile, there’s been a great deal of blogging about lawyers blogging.
Not long ago, Nicole Black, Director at MyCase.com and of counsel to Fiandach & Fiandach in Rochester, N.Y. wrote in the New York Daily Record about cases in Virginia and California addressing a lawyer’s ability to blog about specific issues and parties in their cases.
Both cases looked at the issue of free speech. Ms. Black noted that the Virginia case found an attorney’s blog protected by the First Amendment but that the bar could regulate what was posted and require a disclaimer.
In the California action, she explained that a state appellate court reversed a trial court, finding the lower court’s order regarding an attorney’s blog celebrating recent victories was an unlawful prior restraint on free speech rights. You can read her complete article here.
According to Ms. Black, “…we are increasingly seeing the courts issue measured, well thought out decisions based on analysis of the core content being shared rather than knee jerk reactions to emerging technology intended to dissuade lawyers from utilizing Web-based publishing.”
Many lawyers are prolific writers. Will these and other similar recent rulings encourage even more of them to enter the blogosphere?